P.O. Box 502369 ● Indianapolis, IN 46250 

Phone 317-841-1506 ● Fax 317-841-1507

Complete Surveying Services for Commercial – Construction – Residential AXIS     www.AXISIndy.com

SURVEYING, LLC 

April 13, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam,

This petition is being submitted on our own behalf without legal counsel or consulting services. Pursuant

to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part

11, Axis Surveying, LLC (Axis), an Indiana based limited liability company operating a Small Unmanned

Aircraft System (sUAS) equipped to conduct aerial photography and aerial surveying for various

industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to

allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration

(FAA) so long as such operations are conducted with and under the conditions outlined herein or as may

be established by the FAA as required by Section 333.

The requested exemption would permit Axis Surveying, LLC to pursue its commercial interests in

providing services to consumers interested aerial data capture using a small advanced sUAS in the

following areas:

• Aerial Land Surveying & Mapping

• Construction Monitoring

• Agricultural Surveying

• Real Estate Photography

• Product Demonstrations

Axis states that all sUAS flights that will occur over private or controlled access property will do so with

the property owner's prior consent and knowledge and that only people who have consented or

otherwise have agreed to be in the area where photography and videography will take place will be

captured.

Additionally, AXIS pilots hold FAA Private Pilot Licenses with Class III Medical Certificates and if observers

are not qualified pilots, they will be trained by Axis pilots to understand the proper roles of an observer,
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communication procedures, proper visual scan techniques, operations at non‐towered airports, and

appropriate sections of the Aeronautical Information Manual.

Regulations from which the exemption is requested:

14 C.F.R. Part 21  

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R . 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 ‐ 91.417)

Unmanned Aircraft System

sUAS are a feasible method to obtain information of agricultural cropland to determine optimum inputs

that result in cost savings to farmers, yield security, and reduce environmental impact of excess

fertilizers and chemicals in the soil.  sUAS are also an economical method to collect photographic data

for purpose of aiding in the completion of land surveys and construction monitoring as well as providing

photographs for real estate transactions.

We are petitioning for exemption to enable Axis to operate a DJI Phantom 2 Vision Plus multi‐rotor

equipped with a three‐axis gimbaled camera, a DJI Phantom 3 Vision multi‐rotor equipped with a three‐

axis gimbaled camera, a 3DRobotics X8‐M multi‐rotor equipped  with a fixed position multi‐spectral

camera, and a 3DRobotics Aero‐M fixed wing sUAS equipped with a fixed position multi‐spectral camera.

These sUAS all weigh less than 15 lbs, have a built‐ in capability to limit the height it flies above the

ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and

D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot

system, which means when the communication between the Main Controller and the transmitter is lost,

the system will automatically trigger Return to Home and will land safely.

The above specifications meet standards listed below, some derived in accordance with the Model

Aircraft Operating Standards:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will

operate at sites that are a 'sufficient distance' from populated areas within the sterile area

described in the operators manual. Such operations will insure that the sUAS will "not create a

hazard to users of the national airspace system or the public."
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• When flying sUAV within 3 miles of an airport, Axis shall submit a Plan of Activities to the local

Flight Standards District Office (FSDO) at least 3 days before the planned flight in accordance

with FAA guidelines.  

• Maximum flight time for each operational flight will be 50 minutes.

• Flights will be terminated at 20% battery power reserve should that occur prior to the 50 minute

limit.

• The sUAV will be programmed so that it will not be operated at an altitude greater than 400 feet

AGL.  

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

• The sUAS PIC's (Pilot in Command) will be an FAA licensed airman holding at minimum FAA

Private Pilot Certificate with a current Third Class FAA Medical Certificate.

• The sUAS operated by the petitioner weighs less than 15 pounds, including the payload (i.e.

camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 45 knots.

• Given the small size of the sUAS and the restricted sterile environment within which they will

operate, our sUAS operations adhere to the Reform Act's safety requirements.

Additionally, the fact that the Axis pilots hold FAA Pilot certificates demonstrates that they have a high

regard to safe operations with an understanding of FARs, pre‐flight inspections, maintenance and repair,

operations within airspace, as well as being trained to high safety standards .

Under the requested exemption Axis ensures that all operators have conducted a thorough review of

small unmanned aircraft systems (UAS) education material concerning the systems to be operated in

addition to all applicable regulations and guidance documents; including aeronautical background

information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human

Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship

and Decision‐making and Safe Operating Procedures.

We respectfully request exemption under Section 333 to enable Axis to operate safe, low‐risk

commercial sUAV operations for the activities stated. Axis at all times will respect the space and privacy

of citizens and property and endeavor to keep our skies safe.

Sincerely

Eric M. Scotten

President

Axis Surveying, LLC

10986 Windjammer Ct

Indianapolis, IN  46256
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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Axis Surveying, LLC requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an

experimental certificate be issued for the DJI Phantom 2 Vision plus, DJI Phantom 3 Vision, 3DRobotics

X8‐M , and 3DRobotics Aero‐M sUAS under either or both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for issuance of type

and supplemental type certificates, flights to substantiate major design changes, and flights to show

compliance with the function and reliability requirements of the regulations. Since the experimental

certificate can be used for commercial purposes such as market surveys, sales demonstrations, and

customer crew training, we would expect that an experimental certificate would permit our commercial

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under

strict operational requirements. Combined with the UA's light weight, being constructed primarily of

foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not safer, than a

conventionally certificated aircraft performing the same mission. If an experimental airworthiness

certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21,

Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of

safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have

an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number

assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and

others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation.

Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the

aircraft's registration information at the ground station. Finally, we will display at the ground station a

high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3
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inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner

should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private

Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b)

allows a private pilot to act as pilot in command of an aircraft in connection with any business or

employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does

not carry passengers or property for compensation or hire. Our proposed operations require that the

PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry

passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent

of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation, the documentation would

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet

the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the

crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction

unless that aircraft has fully functioning dual controls." The sUAS System ground‐based control station

consists of a small hand‐held radio transmitter and while it does not offer a second set of "controls",

both the student and instructor can, and will, operate the single set of controls simultaneously. With

both student and instructor having "hands‐on" the controls during flight, we feel that this technique

meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer

than 500 feet to the items listed. Operations will only be flown over property or persons where

permission has been obtained and careful pre‐planned has been performed. The aircraft will be
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operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to

persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be

considered in granting the exemption.  

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level

altimeter measurement above the takeoff point is transmitted via radio from the sUAS on‐board

computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day‐VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30

minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for

delays to landing. The sUAS are battery operated and the maximum duration of flight from a single

battery charge is 12‐45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will

never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will

ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to

the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request

exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of

intended landing and have at least a 20% battery reserve after that.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b)

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is

legible to passengers or crew." With our largest vehicle, the Aero‐M, at a maximum gross weight of less

than 13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co‐located

with the crew at the ground control station and available for inspection upon request. In order to

identify the aircraft, we propose that the information found on airworthiness and registration

certificates be permanently affixed to the aircraft via placard containing the following information plus

the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401‐ 91.417) ‐ Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require
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that the aircraft be "approved for return to service by a person authorized under 43.7" after

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the

aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the

aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections

after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks,

replacing a propeller, checking electrical connections and updating software and firmware for the on‐

board computer. All other maintenance will be performed by the manufacturer or their designated

repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to

the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.